HomeMy WebLinkAboutCC PACKET 10101995 Meeting Sheet
IIIIII VIII VIII VIII VIII VIII IIII IIII
102203
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Box: 22
Folder: CC PACKETS 1994-1998
Document: CC PACKET 10101995
H.R.A. IMMEDIATELY FOLLOWING _
REGULAR COUNCIL MEETING.
CITY OF ST. ANTHONY
CITY COUNCIL AGENDA
OCTOBER 10, 1995
7:00 P.M.
CITY COUNCIL CHAMBERS
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. SET OCTOBER 10, 1995 COUNCIL AGENDA.
IV. APPROVAL OF SEPTEMBER 26, 1995 COUNCIL MINUTES.
V. LICENSES/PERMITS/PETITIONS.
VI. PRESENTATION OF CLAIMS.
A. DORSEY & WHITNEY - $933.57.
B. VERIFIED.
VII. REPORTS.
A. MAYOR.
B. COUNCILMEMBERS.
C. CITY MANAGER.
VIII. PUBLIC HEARINGS - NONE.
IX. NEW BUSINESS.
A. PROPOSED ELECTION JUDGES FOR NOVEMBER 7, 1995 LOCAL GENERAL
ELECTION.
B. RESOLUTION 95-04.9, RE: ROAD MAINTENANCE AGREEMENT WITH HENNEPIN
COUNTY.
C. RESOLUTION 95-050, RE: RENTAL LEASE WITH COMMUNITY SERVICES.
D. RESOLUTION 95-051 , RE: METROPOLITAN LIVABLE COMMUNITIES.
X. UNFINISHED BUSINESS - None.
XI. ADJOURNMENT.
1 CITY OF ST. ANTHONY
2
CITY COUNCIL REGULAR MEETING MINUTES
4 SEPTEMBER 26, 1995
5
6 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
7 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor
8 Ranallo.
9
10 II. ROLL CALL.
11 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming.
12 Also Present:' Michael Mornson, City Manager
13
14 III. APPROVAL OF SEPTEMBER.26, 1995 COUNCIL AGENDA.
15 Motion by Wagner, second by Fleming to approve the September 26, 1995 Council Agenda as
16 presented.
17
18 Motion carried unanimously_
19
20 Mayor Ranallo acknowledged that candidate for City Councilmember Jerry Faust was in
21 attendance at the meeting.
22
23 IV. APPROVAL OF SEPTEMBER 12, 1995 COUNCIL MINUTES.
Motion by Marks, second by Enrooth to approve the September 12, 1995 Council minutes as
41 presented.
26
27 Motion carried unanimously,
28
29 V. LICENSES/PERMITS/PETITIONS.
30 Motion by Marks, second by Enrooth to approve the following licenses:
31 Heating License
32 A-1 Roostmaster, Inc., Woodbury, MN (working at 3216-35th Avenue NE)
33 Constructors License
34 Tom Walek Construction, St. Anthony, MN (re-roof at 3314 Belden Drive)
35 Shaw-Lundquist Associates, Inc., St. Paul, MN (working at the High School)
36
37 Motion carried unanimously,
38
39 VI. PRESENTATION OF CLAIMS.
40 Motion by Marks, second by Wagner to approve the following claims:
41 A. Rieke Carroll Muller Associates. Inca in the amount of$5,264.97 for professional services
42 rendered.from July 23, 1995 to August 26, 1995 for St. Anthony 1995 streets/construction.
43 B. Foster. Ojile. Wentzell & Breyer. LLC in the amount of$2,400.00 for professional
44 services rendered for the month of September, 1995.
C. 5 pages of Verified Claims'as presented by the Finance Director.
47 Motion carried unanimously,,
I City Council Regular Meeting Minutes
2 September 26, 1995
3 Page 2 .
4
5 VII. REPORTS.
6 A. Mayor, None.
7 B. Council,
8 Wagner reported that at the request of Mayor Ranallo he had filled in at the ground
9 breaking ceremony at the High School. He stated there were approximately 30-40 people
10 in attendance. Wagner also reported his attendance at the ground breaking at Wilshire
11 Park. He indicated his function had a much better attendance and Senator Marty was there
12 and spoke to the children.
13
14 Wagner reported Dave Abrahamson's mother had passed away. The reviewal will be
15 September 27 from 4:00 P.M. to 8:00 P.M. and the funeral September 28 at 11:00 A.M.
16
17 Wagner reported he had attended the open house at Wilshire School and that function was
18 very well attended.
19
20 Fleming reported her attendance at the ground breaking at Wilshire and was most
21 appreciative of her visit with Senator Marty. She also commended City Manager Mornson
22 and thanked him for his time spent on the south end flooding issue.
23
24 Fleming thanked Don Perry for his letter explaining the St. Anthony Municipal Liquor •
25 Store 1994 uncollectible checks.
26
27 Fleming questioned the police report describing an incident of dismantling a transient's
28 house. Ranallo indicated in the past, transients have been found along the railroad tracks.
29 The only difference here was that the transient had erected a shelter with sleeping bags.
30
31 Enrooth reported his attendance at the ground breaking at the High School and at Wilshire.
32
33 Ranallo apologized for not attending the ground breaking ceremonies but with only a six
34 day notice, his schedule did not allow it.
35
36 C. Cil, Manager.
37 City Manager Mornson reported the ground breaking of the Arbors Development was
38 scheduled for October 3, 1995, at 5:00 P.M. He indicated he had stopped by the site this
39 evening and two structures have already been tore down and work on the third was being
40 started. Mornson stated there will be a budget work session following the Arbors ground
41 breaking on October 3, 1995 at 5:45 P.M.
42
43 Mornson reported the Chamber of Commerce is compiling a resident booklet for St.
44 Anthony residents which will include two pages of history at no cost. There is also the
45 option to take out a full page add at a minimal charge.
46
47 VIII. PUBLIC HEARINGS - None.
I IX. NEW BUSINESS.
2 A. Resolution 95-047. re: Set Date for Special Council Meeting,.
Motion by Fleming, second by Enrooth to approve Resolution 95-047, regarding setting a
4 date for a special City Council Meeting for Wednesday, October 18, 1995 at 5:00 P.M.
5
6 Motion carried unanimously.
7
8 B. Resolution 95-048. re: Drug and Alcohol Testing,.
9 Motion by Marks, second by Fleming to adopt Resolution 95-048, regarding approval of
10 participation in a drug and alcohol testing program and an independent testing laboratory.
11
12 Mornson confirmed this was a mandated program and there were no funds provided.
13
14 Motion carried unanimously.
15
16 Mr. Frank Budnicki, 3124 Wilson, inquired as to the status of Apache Plaza.
17
18 Mayor Ranallo indicated First Bank now owns Apache Plaza. First Bank has set up a corporation
19 called St. Marie and they will either sell or redevelop the property. They have hired Wellington
20 Corporation and St. Croix Real Estate to assist in the process of selling or redeveloping. Ranallo
21 noted CUB Foods and Knox Lumber are still interested in locating in Apache Plaza.
22
4 X. UNFINISHED BUSINESS - None.
25 XI. ADJOURNMENT.
26 Motion by Marks, second by Wagner to adjourn the meeting at 7:26 P.M.
27
28 Motion carried unanimously.
29
30 Respectfully submitted,
31
32 Lorri Kopischke
33 TimeSaver Off Site Secretarial
34
35
36
37. Mayor
38
39
40 ATTEST:
41 City Clerk
42
43
44
(5vauin w' tho
illsge
DATE: October 10, 1995 APPROVAL:
TO: MayorandCouncilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Council Approval:
Heating License:
Anderson Heating & Air Conditioning, Columbia Heights, MN/working at
3313 Croft Drive
Rapid Heating & Air Conditioning, Brooklyn Park, MN/working at
3500-31st Avenue
Suburban Air Conditioning Co, Mpls., MN/working at 3215-32nd Avenue
Constructors License:
Mikkelson-Wulff Construction, Hopkins, MN/working at the High School
Carlson-LaVine, Inc., Mpls., MN/working at the High School
Don Zappia & Son Excavating, Inc., Mpls., MN/working at the Arbors
Mark Youngdahl & Associates, Stillwater, MN./working at the Arbors
Motor Vehicle Starting License:
Sroga's Automotive Services, Inc., (Renewal)
DORSEY & WHITNEY
Paortasloxar. lsxrrcn 1—muTT PABrxtsaeir
P.O.BOX 1680
MINNEAPOLIS,MINNESOTA 55480-1680
(612)340-2600
(rat ldsaUnMUM No.41-0283997)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
City of St. Anthony, Minnesota September 22, 1995
Attn: Mr. Michael J. Mornson Invoice No. 454891
3301 Silver Lake Road
St. Anthony MN 55418
For Legal Services Rendered Through 08/31/95
Client-Matter No: 178820-00047
General
Schnitzer Environmental Case $ 475. 00
Village Commons $ 375.00 "RA
The Arbors $ 170.00 HRA
City Hall/Community Center $ 195. 00 N RA
J.E. Robert Company Claim $ 145.00
Review agenda materials and minutes; discussions
with City Manager $ 140. 00
Total For Legal Fees $1, 500. 00
Plus Dusbursements Per Attached $ 173 . 57
Total This Statement $1, 673 .57
Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available
upon request.Disbursements and service chargee.which either have not been received or processed.will appear on a later statement.
PAYMENT DUE UPON RECEIPT
BRC FINANCIAL SYSTEM - -'� - ST. ANTHONY VILLAGE
09/27/95 14:31 Check Register GL540R-VO4.30 PAGE 1
ANK VENDOR CHECK# DATE AMOUNT
L.IQR LIQUOR CHECKING ACCOUNT
004004 A T & T WIRELESS SERVIC 8402 09/28/95 33.43
_ 004027 ARONSON/TIMOTHY 8403 09/_2_8/_95 48.00
004040 BOYD HOUSER CANDY & TOBA 8404 09/28/95 2,413.22
004098 COMMERCIAL LIFE INS CO 8405 09/28/95 17.00
004112 DORIS/_ BRUCE 8406 09/28/95 48. 00
004120 EAGLE WINE CO 8407 09/28/95 3,937.82
004130 ECOLAB 8408 09/28/95 337 . 81
_004139FARMER BR_0_S CO 8_409_094_28/_95 _ 44 ._0_0
004411 FIRSTAR ST ANTHONY BANK 8410 09/28/95 15,000.00
0041.70 GOODIN CO 8411 09/28/95 37.06
004175 GRIGGS COOPER & CO INC 8412 09/28/95 2..,2-1-2-..-03
004185 GROUP HEALTH PLAN INC 8413 09/28/95 931 .72
004220 JOHNSON BROS. LIQ. 8414 09/28/95 1 ,377 .63
_004225__ KRAFT FOODSERVICE 8415 028/95 70_6.72
004231 —LANGRIDGE/MIN 8416 09/28795 65.00
004250 LUNDGREN/MATTHEW H . 8417 09/26/95 48.00
004266 MARKET MECHANICAL 8418 09/28/95 134.35
004365MEDICA CHOICE $419 09%28%95 1 ,759. 17
004272 METZ BAKING CO 8420 09/2$/95 36.25
.00001 MILTON JOHNSON R_OO_F_I_NG 842_1 09/28/95 6.875.00
00434 NORTHEASTER 8422 09%28%95 217 . 30
004;35 NORTHERN STATES POWER 8423 09/28/95 5, 198.64
004357 PARTY BELL ENT._ _ _ 8424 _09/28/95_ 450._00
004354 PAUSTIS & SONS - ~8425 09/28%95 1 ,095.54
.00002 PFS, INC. 8426 09/28/95 311 .94
_ 004360_ PHILLIPS WINE_& S_P_IR_I_T_S 8427 09/28/95 _2,-161 . 14
004376 PRIOR WIN_E CO 84428 09%28/95 155.83
004,385 QUALITY WINE CO 8429 09/28/95 1 ,206. 71
004285 ""TAR TRIBUNE _ _ 48430 09/28./95 ^_ 37.96
004465 SURGE WATER CONDITIONING 8431 09/28/95 40.80
004492 U S WEST COMMUNICATIONS 8432 09/28/95 719.32
004494 WASTE MANAGEMENT BLAIN —` 8433 09/28/95 443_54
LIQUOR CHECKING ACCOUNT 48, 100.93 ��*
FINANCIAL SYSTEM ST . ANTHONY VILLAGE
__..09/29/95 - `10:49 Check.Register- _.. , .GL540R-VO4.30 PAGE ].
[SANK VENDOR CHECK# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
......._.. .__004027 - ARONSON/TI MOTH•Y. .__ ........... ......._._8273 09/30/95 48.00
004411 FIRSTAR ST ANTHONY BANK 8274 09/30/95 15,000 .00
0042,:1 LANGRIDGE%MIN 8275 09/30/95 65.00
......-------004250 -LUNDGREN/MATTHEW H .- --8276 -09/30/95 96 .00
004357 PARTY BELL ENT . 8277 09/30/95 450. 00
004009 AETNA LIFE & CASUALTY 8278 09/30/95 454 . 17
-- ---004040 BOYD HOUSER CANDY & TOBA 8279 -09/30/95 2,897 . 27
004100 COMMISSIONER OF REVENUE 8280 09/30/95 79. 71
004109 DENTICARE 8281 09/30/95 45. 90
----------004-1-20-._._..- -EAG LE- -WINE- Cq - _. _. ... _... -- ----- .. .----8282--.09/30/95 .. 417 . 44
004410 FIRSTAR ST ANTHONY BANK 8283 09/30/95 4 ,243. 17
.00001 GAMBLE/JIM 8284 09/30/95 170.00
GRIGGS ...COOPER . &. CO 7-NC. 8285 09/30/95 6, 161 . 75
004220 JOHNSON BROS. LIQ. 8236 09/70/95 7 , 012. 72
004225 :RAFT FOODSERVICE 8287 09/30/95 647 . 71
METZ -BAKING CO--- - - .__. - --....8288- 09/30/95-._.-, 29.52
004360 PHILLIPS WINE & SPIRITS 8289 09/30/95 6,367.06
004376 PRIOR WINE CO 8290 09/30/95 1 ,927 .66
004379 PROGRAMMERS CLEARING HOU- 8291 09/•30/95 0.00
004380 PUBLIC EMPLOYEE RETIREME 8292 09/30/95 1 , 595.81
004385 QUALITY WINE CO 8293 09/30/95 3,067 .26
004379 - PROGRAMMERS CLEARING HOU - 8294 09/30%95 1 ,;,41 .90
004027 ARONSON/TIMOTHY 8295 09/30/95 48.00
004112 DORIS/BRUCE 8296 09/30/95 48.00
004411 FIRSTAR ST -ANTHONY BANK 8297 09/30/95 15,000 .00
004231 LANGRIDGE/MIN 8298 09/30/95 6!.1.00
004250 LUNDGREN/MATTHEW H . 8299 09/30/95 413. 00
------004357- - PARTY BELL -ENT-. 8300. 09/30/95 450.00
LIQUOR CHECKING ACCOUNT 69,237 .01 **
[)PC FIN4d,CI L SYS-1 EM 'T . ANTHONY VILLA(
10/04/95 11 : 10- Check Register- GL-c•40R-VO4 . 30 PACE
WANK VENDOR CHECK# DATE AMOUNT
FIRS FIRSTAP, ST . ANTHONY CHECKING
000235 A T & T INFORMATION SYST 10102 10/11/S5 60. 31
008216 A T & T WIRELESS SERVICE 10103 10/11/95 34 . 09
_ _000120AMERICAN_LINEN_ _ _ _ 10104 10/11/95 _ 13. �0 _
0001 5 Af!ERIGAN RISK OERVIES I 101��5 10/11�5'S- ^ 377 . 00
.00001 ARBORQUIP, INC. 10106 10%11/95 196.56
_
.00001 6AERT CH_I Cox ASSOC. , P .A. 10107_101/11/3 5 85. 00
008153 BOB 'S PERSONAL COFFEE SE 10108 10/11/95 79. 47
.00002 BOEN/SUSAN 10109 10/11/95 50.00
007168 BOYER TRUCK PARTS 10110 10/11/95 65.60
007302 BRAKE & EQUIPMENT WAREHO 10111 10/11/95 76.28
.00003 BRULAND/WARREN 10112 10/11/95 50.00
007152 BRY-AIR INC 10113 10/11/95 46.65
008163 BUSINESS RECORDS CORP. 10114 10/11/95 1 ,350.00
00004 CARLSEN/LORRAINE 10115 10/11/95 50.00
007164 'CARLSON EQUIPMENT CO 10116 10/11/95 101 .88
.00002 CCP INDUSTRIES INC. 10117 10/11/95 159.97
000685 COAST TO COAST 10118 10/11/95 308.40
000800 DAVIES WATER EQUIP INC 10119 10/11/95 609.25
.00003 DETERMAN WELDING & 10120 10711/95 284.00
000817 DON 'S CAR WASH 10121 10/11/95. 265.00
a 000910 -. FAMILY MEDICAL CLINIC 10122 10/11/95 214.00
000975 FLITTIE MARSHALL CONCRET 10123 10/11/95 68. 42
007115 FOUR BY FOUR 10124 10/11/95 30.00
_ 001025 G & K SERVICES 10125 10/11/95 110.86
..001030 G & K. SERVICES 10126 .10/11795 180.84
007057 .G.ENEX - 10127 -10/11/95 15. 11
001145 GLENWOOD- INGLEWOOD. . 10128 10/11/95. 37.75'
001505 HENN CO SHERIFF 10129 10/11/95' 903. 12
008187 HENNEPIN COUNTY TREASURE 10130 10/11/95 219.00
005103 HOLIDAY SIGNS 10131 10/11/95 38.90
.00004 HTDRANT SPECIALIST 10132 10/11/95 250.00
001680'. : :` J C AUTO SUPPLY . 10133 10/11/95 7.63.
.00006 J.-CRAFT, INC. 10134 10/11/95 11 , 199.28
.00005 JOHN HENRY FOSTER MN 10135 10/11/95 16. 13
001810 KIWANIS CLUB 10136 10/11/95 35.00
.00005 LE PAGE/TERESA 10137 10/11/95 50.00
. 001980 LEAGUE OF MN CITIES 10138 10/11/95 4,372.00
002040 LILLIE SUBURBAN NEWSPAPE " 10139 10/11/95 41 . 18
001981 LMCIT 10140 10/11/95 63. 10
007129 MEDTOX 10141 10/11/95 45.00
002280 MIDWEST ASPHALT CORP 10142 10/11/95 87.29
007359 MIDWEST COCA-COLA BOTTLI 10143 10/11/95 92. 75
:: 007214 . MIDWEST. MACHINERY INC . 10144 10/11/95 . .. 6.72
002320 MINAR FORD, INC 10145-10/11/95 34.20.
'002380.:. MINNEGASCO INC 10146 10/11/95 739.63
002360 MN CONWAY FIRE & SAFETY 10147 10/11/95 16.73
008198 MORNSON/MICHAEL 10148 10/11/95 152.40
008232 MPH INDUSTRIES, INC. 10149 10/11/95 2,002.20
z
FSC F1NA��Cs�L SYSTEM __r=, . huNY '.'iLL�+G
107_047§5_ 11 : 18 _ Check Register GL540R-VO4 .30 PAGE
BANK VENDOR CHECK# DATE AMOUNT•
FIRS FIRSTAR ST . ANTHONY CHECKING
.00006 MW CHILDREN 'S RESOURCE 10150 10/11/95 20.00
.00007 N .A.C. P. 10151 10/11/95 50.00
007159 NAPA AUTO_PARTS _ 10152 10/11/95 6.36
002600 NORTH MEMORIAL MEDICAL C 10153 10/11%95 50.00
008220 NORTHERN AIRGAS 10154 10/11/95 15. 00
002620 NORTHERN STATES POWER 10155 10/11/95 806. 48
007043 NORTHERN STATES POWER 10156 10/11/95 2. 188.89
007331 PAQUETTE MAINTENANCE, IN 10157 10/11/95 1 , 171 .50
00007 PARTS MIDWEST, INC 10158 10/11/95 10. 16
008233 PAYMENT PROCESSING CENTE 10159 10/11/95 32. 10
002940 POSTMASTER 10160 10/11/95 1 ,020.00
008158 RAMSEY COUNTY 10161 10/11/95 4, 199. 75
003065.. ROAD RESCUE .INC . 10162 10/11/95 96.77
.00008 SCANTRON `10163... 10/11/95 410.82
003315 . SERCO LABORATORIES . 10164' 10 11/95 375.00
003460 SPRING LAKE PARK LUMBER 10165 10/11/95 32. 59
003480 STATE TREASURER 10166 10/11/95 347.80
005191 STEWARTS BLDG MART 10167 10/11/95 33..78
003494 STREICHER'S 10168':10/11/95 1,230.63 .
005186SUBR_ LAW. ENFORCEMENT ASS. :,10169 .10/11/95 255.00 .
00008 THOMPSON & VRAA 1Oi70. 10 11 95 300.0
i 008202 TIMESAVER OFF SITE SECRE 10171 10/11/95 58.50
' 003560 TRACY PRINTING 10172 10/11/95 700.37
007044 TWIN CITY JANITOR SUPPLY 10173 10/11/95 187 . 70
008227 U S. WEST - CELLULAR 10174.;10/11/95 483.43
i007341 U.S. TIRE' &: EXHAUST 10.175 1.0/11/95 33`.31
.00009-
UNGEMACH CHARLES.' :' 1017b::'10 11 95 50.00. :
i 008010 UNIFORMS UNLIMITED 10177 10/11/95 785.55
i 003720 W W GENERATOR REBUILDERS 10178 10/11/95 52. 13
003735 WASTE MGMT 10179 10 11 95 152. 19
40,447.81.
FIRSTAR` ST. ANTHONY`CHECKING
* ,
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MEMORANDUM
DATE: October 3, 1995
TO: Mayor and Councilmembers
FROM: Connie Kroeplin, City Clerk
ITEM: PROPOSED ELECTION JUDGES FOR NOVEMBER 7TH
GENERAL LOCAL ELECTION
Following are the proposed election judges for the November 7, 1995 election.
Precinct 1. Hennepin County
• Patricia Bridgeman, Chair 2900 West Armour Terrace
Elvira Grundmayer 3013 Croft Drive
Ethel Plasek 3112 Armour Terrace
Virginia Buchen 2601 Kenzie Terrace
Precinct 2. Hennepin County
Mary Louise Inhofer, Chair 2501 Lowry Avenue N.E.
Anne Arndt 3520 Coolidge Street
Helen Crowe 2813 West Armour Terrace
Nancy Klucas 3529 Roosevelt Street
Nancy Morin 3331 Belden Drive
Precinct L Ramsey County
Marjorie Madden, Chair 3701 Foss Road
Caroline Zappa 2560 Kenzie Terrace
Clare Mancino 3609 - 37th Avenue N.E.
Charlene Peterson 3112 - 36th Avenue N.E.
s .
CITY OF ST. ANTHONY
RESOLUTION 95-049
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY
AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES
BE IT RESOLVED, that the Mayor and City Manager are authorized to sign the Agreement
between Hennepin County and the City of St. Anthony for road maintenance services on
behalf of the City of St. Anthony.
Adopted this day of ' 1995.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
CERTIFICATION
I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented
to and adopted by the City Council of the City of St. Anthony, Minnesota, on the day
of , 1995, as disclosed by the records of said City Council in
my possession.
Contract No. 5022M5
Agreement No. PW 46-10-95
City of St. Anthony
County of Hennepin
COUNTY ROAD MAINTENANCE AGREEMENT
AGREEMENT, Made and entered into this day of ,
1995 by and between the County of Hennepin, a body politic and corporate under
the laws of the State of Minnesota, hereinafter referred to as the "County",
and the City of St. Anthony, a body politic and corporate under the laws of
the State of Minnesota, hereinafter referred to as the "City".
WITNESSETH;
WHEREAS, Pursuant to Minnesota Statutes, Section 162.17, Subdivision 1,
and 471.59, the parties desire to enter into an agreement relating to the
maintenance of County State Aid Highways within and adjacent to the corporate
limits of the City upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, The parties do agree as follows:
I
The City will , during the term of this Agreement, maintain as hereinafter
provided, those portions of County State Aid Highways within and adjacent to
the corporate limits of the City listed as follows:
Mileage
Centerline Lane
CSAH 27 - between St. Anthony Boulevard and 37th Ave. N.E. 1.16 4.64
CSAH 136 - between CSAH 153 and 37th Avenue N.E. 1.25 3.82
CSAH 153 - between Stinson Boulevard and CSAH 136 0.53 2.12
2.94 16.58
CSAH 88 - between St. Anthony Blvd. and East County Line 0.70 2.80
II
The maintenance to be performed by the City on CSAH's 27, 136 and 153,
shall consist of the following:
-1- __L_
Contract No. 5022M5
Agreement No. PW 46-10-95
A) Keep the aforementioned County State Aid Highways from curb to curb
reasonably free and clear of ice and snow, and undertake proper
sanding or salting when necessary.
B) Sweep, flush, and dispose of any debris from the aforementioned
County State Aid Highways during the calendar year as follows:
a. As soon -as practicable after the spring snow melt,
b. Late spring period,
c. . Mid-summer period, and
d. Late fall. period. .
C) Clean the center medians in conjunction with the spring cleanings
described in Paragraph "B".
The maintenance .to be performed by the City on CSAH 88 shall consist of
the following:
A) Mow the grassed areas of the aforementioned County State Aid Highway
ten times per year except for the deep ditches on the east side.
B) Sweep, flush, and dispose of any debris from the aforementioned
County State Aid Highways during the calendar year as follows:
a. . As soon as practicable after the spring snow melt,
b. Late fall period.
C. Plus up to two additional sweepings as necessary.
Hennepin County will provide arrowboard pickup with operator as
needed. Contact Brian Langseth (District Supervisor) at 930-2579 for
scheduling.
C) Clean the center medians in conjunction with the spring cleanings
described in Paragraph "B".
The City will furnish all labor, equipment, materials, supplies, tools,
and other items necessary for the performance of all and any of the work
provided for in this Agreement.
-2- 1j
Contract No. 5022M5
Agreement No. PW 46-10-95
III
The County will pay the City for maintenance operations as specified
herein for Calendar Year 1996, the amounts set forth in the fee schedule as
follows:
FEE SCHEDULE
Item Unit of Measure Quantity Unit Price Total Fee
Snow and Ice Control Lump Sum 1 $6,300.00(A) $6,300.00
Sweeping and Cleaning Sweepings 4(B) 687.50 2,750.00
Center Median Cleaning Lump Sum 1 200.00 200.00
Mowing Mowings 10 100.00 1,000.00
TOTAL HENNEPIN COUNTY FEE $10,250.00
A. If any of the highways or portions thereof covered by this Agreement are
removed from the County system during the term of this Agreement as
provided by law, the County's annual fee for snow and ice control shall
be recomputed as follows:
$6,300.00 - 6,300 X A X B = Total annual Fee for Snow
2.94 5 and Ice Control ;
Where: A = Number of miles removed from County System.
B = Number of winter months the mileage removal was in effect.
(For the purpose of this computation, winter months shall
be construed to be the period from January 1 to April. 15
and from November 15 to December 31 of each calendar year
giving a yearly total of five months.)
B. Estimated quantity consists of four sweepings as per Article II of this
Agreement. The County shall pay $687.50 for each time the sweeping and
cleaning operation is performed.
Payments under this Agreement shall be made on a semi-annual basis, and
as soon after the respective dates of April 30 and December 31 of each year as
may be possible, upon submission by the City to the County of a certificate
approved by the County Department of Public Works certifying that all work has
been done during the period for which payment is to be made, in full
accordance with this Agreement.
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i
CITY OF ST. ANTHONY
RESOLUTION 95-050
A RESOLUTION APPROVING THE LEASE BETWEEN THE
CITY OF ST. ANTHONY AND SCHOOL DISTRICT NO. 282
AND AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE LEASE ON BEHALF OF THE CITY
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
approves the Lease between the City and St. Anthony/New Brighton School
District No. 282 and authorizes the Mayor and City Manager to execute said
Lease on behalf of the City.
Adopted this day of , 1995.
•
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
LEASE
This Lease is entered into as of November 14, 1995, by and between the CITY OF ST.
ANTHONY, a municipal corporation under the laws of the State of Minnesota ("Landlord"j
and ST. ANTHONY/NEW BRIGHTON SCHOOL DISTRICT NO. 282, a Minnesota public
school district ("Tenant").
Landlord, in consideration of the rents and covenants herein, does hereby demise, lease and let
unto the Tenant, and the Tenant does hereby hire and take from the Landlord the following
described premises Iocated in the County of Hennepin and the State of Minnesota:
That portion of the building (the "Building") located at 3301 Silver Lake Road
and legally described on Exhibit 2 attached hereto and made a part hereof(the
"Property"), which leased portion of the Building is shown crosshatched on
Exhibit 1 attached hereto and made a part of(the "leased premises").
TO HAVE AND TO HOLD THE PREMISES, without any liability or obligation on the part of
Landlord of making any alterations, improvements or repairs of any kind on or about the leased
premises except as provided herein, for the term of twelve (12) months'commencing January 1,
1996, unless terminated at an earlier date as hereinafter provided.
ARTICLE 1. RENT.
Tenant will pay to Landlord at 3301 Silver Lake Road, St. Anthony, Minnesota 55418,
or at such other address as may be designated by Landlord, without prior demand and
without any deduction or set-off, in monthly installments of$3,609.37 for January 1,
1996 through December 31, 1996, for a total annual rent in the amount of$43,312.44
for 1996.
ARTICLE 2. TERM.
The term of this lease shall be twelve (12) months commencing on January 1, 1996, and
terminating on December 31, 1996 unless terminated at an earlier date as hereinafter
provided.
ARTICLE 3. UTILITIES AND SERVICES.
Landlord agrees to furnish heat, water, sewer service, and electricity in
reasonable amounts, and snow removal, but Landlord shall not be liable for
any loss or damage caused by or resulting from any variation, interruption or
failure of such services due to any cause; and no temporary interruption or
failure of such seri ices, incident to the making of :ep airs, ?-"e-a"C'ns or
improvements or due to accidents or strikes, or conditions or event�sshall be
p
deemed as an eviction of Tenant or relieve Tenant from any of Te
obligations hereunder.
If services are interrupted for a period of five consecuti%*e days and all
of or a
portion of the leased premises are untenantable because of the
services, the monthly rent :ill abate for the period the leased premises are
untenantable in proportion to the portion of the ?eased pr er:;ses �\hich is
untenantable.
ARTICLE 4. \ON-LIABILITY OF LANDLORD.
Landlord shall not be liable to Tenant or those claiming through or under
Tenant, or Tenant's agents, guests, invitees, clients or otherwise for any
damage for failure to furnish services or utilities, the necessity for repairs or
improvements to-such services, fire, explosion, strikes, or any causes beyond
Landlord's reasonable control; nor shall Landlord be liable for any damage to
property from any cause in or about the leasedpremises or the building
within same are located, including the parking area, and without limiting the
generality of the foregoing, any damage to property resulting from the use or
escape of gas, water, steam, electricity, air conditioning or other agency, or due
• to fire, explosion or action of the elements. Landlord shall have no
responsibility or liability for loss or damage to fixtures, facilities or equipment
installed or left on the premises. Tenant agrees to place and maintain
throughout the term hereof at its sole expense, such fire and other casualty
insurance covering Tenant's property as Tenant deems appropriate in
Tenant's reasonable discretion. Tenant further agrees to place and maintain
throughout the term hereof, comprehensive general liability insurance
covering the Ieased premises and providing insurance coverage with
minimum amounts of liability for bodily injury to one person in the amount
of Five Hundred Thousand Dollars ($500,000.00) and for bodily injury to any
group of persons in the amount of Five Hundred Thousand Dollars
($500,000.00) and for property damage in the amount of One Hundred
Thousand Dollars ( $100,000.00). Landlord and Tenant each expressly waive
any right of recovery against each other for any losses caused by or resulting
from any acts of negligence or carelessness of the other, to the extent that such
losses might arise from fire or any other peril covered by any policy of
insurance.
ARTICLES. CARE OF PREMISES.
Tenant agrees:
i
-2-
ARTICLE 18. GENERAL. •
This lease does not create the relationship of principal and agent or of partnership or of
joint venture or of any association between Landlord and Tenant, the sole relationship
between Landlord and Tenant being that of landlord and tenant. No waiver of any
default of either party hereunder shall be implied from any omission by the other party
to take any action on account of such default if such default persists or is repeated, and
no express waiver shall affect any default other than the default specified in the express
waiver and that.only for the time and to the extent therein stated. Each term and each
provision of this Lease performable.by Tenant shall be construed to be both a covenant
and a condition. All preliminary negotiations are merged into and incorporated in this
Lease. This Lease can only be modified or amended by an Agreement in writing,
signed by the parties hereto. All provisions hereof shall be binding upon the heirs,-
successors and assigns of each party hereto. Any notice required to be served in writing
hereunder shall be mailed to the parties at the addresses set out after their respective
signatures. Any and all indebtedness owing by either party to the other pursuant to the
terms of this Lease which remains unpaid for a period of thirty (30) days after it first
becomes due and payable shall bear interest from and after the lapse of such thirty (30)
day period at the rate of eight percent (8%) per annum. This Lease shall not be
effective until executed by all parties hereto.
ARTICLE .19. TERMINATION. •
Either party shall have the-right to terminate this lease at any time upon ninety (90) days
prior written notice to the other.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year fust
above written.
ST. ANTHONY/NEW BRIGHTON CITY OF ST. ANTHONY
SCHOOL DISTRICT NO. 282
Its Chair Its Mayor
Its City Manager Its Clerk
-9-
(1) to keep the leased premises in as good mndit on and -e-. air as
they were in at the time Tenant ookpossession the fof arnend other
reasonable Nvear and tear and damage
casualty, for %+-hich insurance is normally procured, excepted;
(2) to keep the leased premises in a clean and sanitary condition;
(3) not to commit any nuisance or waste on the leased prem:,es,
throw foreign substances in plumbing facilities, or waste any of
the utilities furnished by Landlord;
(4) if Tenant shall fail to keep and preser`,isions of premises
in the
the
state of condition required by the pro
Landlord may, at its option, following thirty (30) days prior
written notice to Tenant and Tenant's failure to do so (except in
emergencies, in which case no notice shall be required) put or
cause the same to be put into the condition and state of repair
agreed upon, and in such case, the Tenant, on demand, shall pay
the cost thereof;
(5) Tenant agrees to abide by such Rules and Regulations as may be
reasonably promulgated by Landlord so long as the same are
consistent with the rights of Tenant under this'Lease.
Tenant shall erect no signs on the leased premises without the prior written
permission of the Landlord. Landlord shall be responsible for the
maintenance and repair of structural members, walls, footings and the roof of
the building of which the leased premises are a part and the building systems
to the point of entry into the Ieased premises, subject, however, to the
provisions of Article 10. Tenant shall be responsible for all other
maintenance, repair and replacement necessary for use of the leased premises;
the Landlord shall be responsible for maintenance of the parking area,
including snow plowing, and for an adequate level of security lighting.
ARTICLE 6. USE.
Tenant shall use the leased'premises for community service offices, meetings,
or other gatherings for community services and for no other purpose. Tenant
agrees not to commit or permit any act to be performed on the premises or
any omission to occur which will be in violation of any statute, regulation or
ordinance of any governmental body or which will increase the insurance
rates on the building or which will be in violation of any insurance policy
carried on the premises by the Landlord. The Tenant shall not disturb other
occupants of the building by making any undue or unseemly noise or
-3 -
n't to
in
othenvise, and shall not do or per edo life , or alt r propert�c2y
premises anything which N:ill bedangerous
ARTICLE 7. L;SPECTION AND REPAIRS.
The Landlord or its employees or agents shall have the right to enter the
premises at all reasonable times, upon reasonable prior notice for the purpose
of inspection, repairing, al'.ering or improving the same or said bu0d :ig, but
nothing contained in this Article 7 shall be construed so as to in,rese any
obligation on the Landlord to make any repairs, alterations or improvements.
ARTICLES. ALTERATIONS.
Tenant v ill not make' any alterations, additions or improvements in or to the
leased premises or add, disturb or in any way change any plumbing or wiring
therein without the prior written consent of the Landlord, which consent
shall not be unreasonably withheld or delayed so long as the same does not
adversely affect the structure, systems, appearance or value of the Building.
Landlord may condition its consent upon requirements as to the character of
the alterations, additions, or improvements to be made, the manner of doing
the work, and the persons to do the work. In the event that such,prior
written consent is granted, Tenant agrees to make such alterations, additions
or improvements at its own sole expense, and warrants to Landlord that all •
such alterations, additions, or improvements shall be in strict compliance
with all relevant laws, ordinances, governmental regulations and insurance
requirements.
• The Tenant shall be responsible for the purchase and installation of any
additional air conditioning units, other than those already provided, 50% of
the cost of purchasing and installing any new locks for the leased premises or
for the exterior doors of the Building for which Tenant has keys, and the
installation of carpeting and drapes in the leased premises, if requested by
Tenant.
ARTICLE 9. COMMON AREAS.
Tenant is hereby granted the nonexclusive right to use the driveways,
parking, sidewalks, hallways and restrooms serving the Building ("Common
Areas") in connection with Tenant's use of the leased premises and subject to
the provisions of this Lease and any rules and regulations established by
Landlord; provided, however, that Landlord may reserve for Landlord's
exclusive use not more than ten (10) of the existing parking stalls and any
new parking stalls added by Landlord,which stalls Landlord may mark by a
sign or signs indicating Landlord's reservation.
_� -4-
For purposes of this Lease, the term "Cafeteria" means that porton Of the
Building crosshatched on Exhibit 3 attached hereto and made apart hereof,
and the term "Gymnasium means that portion of the Building crosshatched
on Exhibit 4 attached hereto and made a past hereof. In addition to the use of
the Common Areas, Landlord and Tenant contemplate the use of t� >>
for various community events. Tenant, shall, for
Cafeteria and Gymnasium
the ter.-n of this Lease, be responsib'.e for the scheduling of events and the
collet"on of fees for such events according to a rental fee scheU ..2 satisfactory
to Landlord. All events other than events of Landlord or Tenant, or events
sponsored by them, (as determined by Tenant in its reasonable discretion with
respect to events other than Landlord-sponsored events), shall be subject to
rental fees in accordance with the rental fee schedule. Tenant may retain all
event fees collected by Tenant. Tenant shall schedule no event for ivhich
adequate insurance (with respect to both coverage and cost) is not, in the
opinion of Landlord, available. For purposes of this Article 9, insurance
coverage shall be deemed adequate if the proposed- user shall carry
comprehensive general liability insurance with limits at least equal to those
required of Tenant in Article 4 hereof. Except for current methods of
scheduling and such modifications as are agreed upon between Landlord and
Tenant, Tenant shall schedule no event which, at the time of scheduling,
conflicts'in time with any scheduled Landlord event or Landlord-sponsored
event. Landlord'will not convert the Cafeteria or Gymnasium to different
uses during the term of this Lease without providing similar space for
continuation of the community services events.
Landlord shall be responsible for the maintenance and cleaning of the
Common Areas, the Gymnasium and the Cafeteria, except that Tenant shall
be responsible for cleaning the Gymnasium and Cafeteria after any Tenant or
Tenant-sponsored events scheduled by Tenant pursuant to this Section, and
for repairing any damage occurring at or as a result of such events. Landlord
will be responsible for repair and maintenance of the Building.
ARTICLE 10. ASSIGNMENT OR SUBLETTING.
Tenant shall not assign this.Lease or sublet said premises, or any part thereof,
whether by voluntary act, operation of law, or otherwise, without obtaining
the prior written consent of Landlord in each instance; Tenant shall seek such
written consent by a written request therefor, setting forth such information
as Landlord may desire. In the event that a bona fide sub-tenant or assignee is
proposed to Landlord by Tenant, and Landlord is unwilling to consent to such
proposed subtenancy or assignment, Landlord shall have the right, at
• Landlord's sole discretion, to terminate this lease upon thirty (30) days
written notice to Tenant in lieu of consenting to such proposed sub-tenancy
-5 -
or assignment. Consent by Landlord to one assignment of this Lease or to one
subletting of the leased premises shall not be a waiver of Landlord's rights
under this Article as to ani, subsequent assignment or subletting. Landlord's
rights to assign this Lease are and shall remain unqualified.
ARTICLE 11. DAMAGE BY FIRE OR.OTHER CASUALTY.
If fire or other casualty shall render the leased premises untenan`.ah:2, this
Lease shall terminate forthwith, and any prepayments of rent sh. be
refunded by the Landlord pro-rate; provided, however, that if the premises
can be repaired within ninety (90) days from the date of such event, then at
Landlord's option by notice in writing.to Tenant mailed within thirty (30)
days after such damage or destruction, this Lease shall remain in full force
and effect, but the rent for the period during which the premises are
untenantable shall be discounted pro-rata.
ARTICLE 12. EMINENT DOMAIN.
If such a portion of the leased premises or the Building or the Property are
taken by any public authority under the power of eminent domain as to
render the remaining portion unsuitable for the'purposes intended
hereunder, then the term of this Lease shall cease as of,the day possession
shall be taken by such public authority, and Landlord shall make a pro-rata
refund of any rent that may have been paid in advance. All damages awarded
for such taking under the power of eminent domain shall belong to and be
the property of Landlord, irrespective of the basis upon which they are
awarded.
ARTICLE 13. SURRENDER.
On the last day of the term of this Lease,or on the sooner termination thereof,
Tenant shall peaceably surrender the leased premises in good condition and
repair consistent with Tenant's duty to make yepairs as.provided in Article 5
hereof. On or before the last day of the term of the lease or the sooner
termination thereof, Tenant shall at its expense remove,all of its equipment
from the-leased premises, and any property not removed shall be deemed
abandoned. Tenant shall reimburse Landlord for any expenses reasonably
incurred by Landlord with respect to removal or storage of abandoned
property. All alterations, additions and fixtures, other than Tenant's
equipment, which have been made or installed by eitherLandlord or Tenant
upon the leased premises shall remain as Landlord's property and shall be
surrendered with the leased premises as a.part thereof; provided, however,
that Tenant may prior to the end of the term of this lease remove any of its •
fixtures if in so doing it shall repair any damage occasioned thereby. If the
-6 -
leased premises be not surrendered at the end of the ',eTM or sc%) er
termination thereof, Tenant shall indemnify Landlord against loss or liability
resulting from delay by Tenant in so surrendering the premises, including,
%rithout limitation, claims made by any succeeding tenant founded on such
delay, and reasonable attorneys fees. Tenant shall promptly surrender all keys
for the leased premises to Landlord at the place then fixed for paynnent of rent
and shall inform Landlord of combinations on any locks and safes on the
leased premises.
ARTICLE 14. NON-PAYMENT OF RENT; DEFAULTS.
If any one or more of the following occurs, (1 ) a rent payment from Tenant to
Landlord shall be and remain unpaid in %thole or in part for more than.
fifteen (15) days after notice from the Landlord; (2) Tenant shall violate or
default any of the other covenants, agreement, stipulations, or conditions
herein, and such violation or default shall continue for a period of thirty (30)
days after written notice from Landlord of such violation or default or, if the
default may not reasonably be cured within a thirty (30)-day period, then
within such additional time as may be reasonably necessary to cure the
default so long as Tenant is making diligent efforts to cure the default; or (3) if .
Tenant shall-be adjudged bankrupt or file a petition in bankruptcy or
otherwise indicates insolvency or becomes insolvent; then it shall be optional
for Landlord to declare this Lease forfeited and the said term ended, and to re-
enter said premises, with or without process of law,.using such force as.may
be necessary to remove all persons or chattels therefrom, and Landlord shall
not be liable for damage by reason of such re-entry or forfeiture; but
notwithstanding re-entry by Landlord or forfeiture,or termination of this
Lease, the liability of Tenant for the rent provided for herein shall not be
relinquished or extinguished for the balance of the term of this Lease. Each
party to this Lease will pay, in addition to the rentals and other sums agreed
to be paid hereunder, such additional sums as the court may adjudicate
reasonable-as attorney's fees in any suit or action instituted by the other party
to enforce the provisions of this Lease, or the collection of the rentals due
Landlord hereunder.
ARTICLE 15. HOLDING OVER.
rn the event Tenant remains in possession of the premises herein leased after
the expiration of this Lease and without the execution of a new lease, it shall
be deemed to be occupying said premises as a tenant from month to month,
subject to all the conditions, provisions, and obligations of this lease insofar
as the same can be applicable to a month-to-month tenancy.
.t
-7-
ARTICLE 16. COVF-N-ANTS TO HOLD HAF�_MLESS.
rd its agents or em loN•ees, Tenant
Except in the case of negligence of LandlogP
agrees to hold.Landlord harmless for any liability for damages to Ln\ person
or property in or about the leased premises and to defend and inde-nn.ifv
Landlord %%ith respect to any actions, suits or claims relating to any :n;�r)',
death or property damage within the leased premises. All proper; kept,
stored, or maintained in the leased premises shall be so kept,I stored, or
maintained at the sole risk of Tenant. Tenant agrees to pay all sums of
money in respect of any labor, services, materials, supplies or ecu:p anent
furnished or alleged to have been furnished to Tenant in or about the leased
premises Nvhich may secured by any mechanic's, materialmen's or other
lien against the leased premises or the Landlord's.interest therein and will
cause each-such lien.to be discharged at the time performance of-any _
obligation secured thereby matures, provided that Tenant may, upon
depositing and maintaining with Landlord a sum reasonably satisfactory to
Landlord to protect Landlord's interest in the leased premises from such lien,
contest such lien, but if such lien is reduced to final judgement or process
thereon is not stayed, or if stayed and said stay expires, then and each such
event Tenant shall forthwith pay and discharge said judgement. Landlord
shall have the right to post and maintain on the leased premises, notices of
non-responsibility under the laws of Minnesota.
ARTICLE 17. SUBORDINATION.
At the request of any mortgagee or ground lessor, this Lease will be subject
and subordinate to any mortgage or ground lease which may now or hereafter
encumber the Building, and Tenant will execute, acknowledge and deliver to
Landlord any document requested by Landlord to evidence-the subordination.
Such subordinationis on the condition that Tenant's right of possession of
the leased premises as provided in this Lease will not be disturbed by the
mortgagee or ground lessor so long as Tenant is not in default under this
Lease. If the interest of Landlord is transferred to any party by reason of
foreclosure of a mortgage or cancellation of a ground lease, or by delivery of a
deed in lieu of foreclosure or cancellation, Tenant will immediately and
automatically attorn to such party. Tenant agrees that upon notification by
Landlord or any mortgagee or ground Landlord of the election of a mortgagee
or ground lessor to subordinate its interest in the leased premises to this
Lease, this Lease will become prior to the mortgage or ground lease.
a
40 ARTICLE 18. GENERAL.
This lease does not create the relationship of principal and agent or of partnership or of
joint venture or of any association between Landlord and Tenant, the sole relationship
between Landlord and Tenant being that of landlord and tenant. No waiver of any
default of either party hereunder shall be implied from any omission by the other party
to take any action on account of such default if such default persists or is repeated, and
no express waiver shall affect any default other than the default specified in the express
waiver and that only for the time and to the extent therein stated. Each term'and each
provision of this Lease performable by Tenant shall be construed to be both a covenant
and a condition. All preliminary negotiations are merged into and incorporated in this
Lease. This Lease can only be modified or amended by an Agreement in writing,
signed by the parties hereto. All provisions hereof shall be binding upon the heirs,
successors and assigns of each party hereto. Any notice required to be served in writing
hereunder shall be mailed to the parties at the addresses set out after their respective
signatures. Any and all indebtedness owing by either party,to the other pursuant to the
terms of this Lease which remains unpaid for a period of thirty (30) days after it fust
becomes due and payable shall bear interest from and after the lapse of such thirty (30)
day period at the rate,of eight percent (8%) per annum. This Lease shall not be
effective until executed by all parties hereto.
ARTICLE 19. TERMINATION.
Either party shall have the right to terminate this lease at any time upon ninety (90) days
prior written notice to the other.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first
above written.
ST. ANTHONY/NEW BRIGHTON CITY OF ST. ANTHONY
SCHOOL DISTRICT NO. 282
Its Chair Its Mayor
Its Clerk Its City Manager
-9-
• CX!-tr,1t i
F1EI"!SES
G,:..as_•�a 5;x:1•
Ca:ete:-a
NC:th
• STAFF REPORT
DATE: September 14, 1995
TO: Mayor and Councilmembers
FROM: Michael Mornson, City Manager
ITEM: METROPOLITAN LIVABLE COMMUNITIES ACT
The 1995 Legislative Session approved a Metropolitan Livable Communities Act. The Act
requires the Met Council and the City to negotiate housing goals on affordability and
ownership and rental. The City of St. Anthony currently has more rental units than the
Metropolitan Council requires and less ownership. So, one goal would be to increase the
numbers of single family ownership.
As we discussed earlier, the City either meets or exceeds all of the goals of the Livable
Communities Act. Because of that and because we are fully developed, this Act will have
• very minimal impact on St. Anthony. In order to participate, the City Council must do the
following:
1) adopt a resolution by November 15, 1995 (resolution attached);
2) adopt goals by December 14, 1995. These goals can be achieved over a 15 year period
and remember, they are just goals (this is also attached); and
3) develop an action plan by June 30, 1996.
Staff recommends that the City participate in this Act for the following reasons:
a) access to grants and other outside funding;
b) the City will avoid being reported to the Minnesota Legislature as a non-participating
City;
C) the City won't have difficulty amending the Comprehensive Plan;
d) St. Anthony currently meets or exceeds all of the goals, plus we are fully developed, so
the impact on the City is minimal. A major redevelopment project in the City will not
• impact the numbers enough to impact the benchmark established by the Metropolitan
Council.
Livable Communities Memo
Page 2
e) the League of Minnesota Cities and the Association of Metropolitan Municipalities
recommends participation;
f) it's an annual participation, so we are only committing for a year; and
g) remember, it's just goals, we are not bound by them if we don't achieve them.
•
•
�jC�Z�Gz%c'l•Ge
•
� s
LIVABLE COMMUNITIES QUESTIONS AND ANSWERS
1. What is the Metropolitan Livable Communities Act?
The Metropolitan Livable Communities Act("Act") was enacted in June 1995 and is the Legislature's
attempt to address various issues facing the seven-county metropolitan area. The Act establishes a
Metropolitan Livable Communities Fund which consists of three accounts: the Tax Base Revitalization
Account; the Livable Communities Demonstration Account; and the Local Housing Incentives Account.
Metropolitan municipalities are not required to participate in the programs under the Act, but the Act
provides incentives and funding to those municipalities that do participate.
•
2. What is the incentive to participate?
The benefits are clear. Cities, towns and, in some cases, counties have access to resources that will
improve their communities and neighborhoods. In addition, the legislation puts local units of govern-
ment in the driver's seat. Communities cannot only choose whether to participate; they also have
flexibility in determining how they're going to use the resources available.
3. ' What is the incentive to provide lower-cost housing in our community?
Affordable housing is an investment in communities and their residents. It fulfills a commitment to
young families, single people and older residents that they can find a home they can afford in the com-
munity of their choice.
4. What are"affordable"housing and"life-cycle"housing?
• Housing is "affordable" if it costs no more than 30 percent of a family's income. For ownership hous-
ing this income amount is 80 percent of median, an amount that in 1994 could afford a home costing
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No. A municipality is not participating in the Local Housing Incentives Account Program unless two
conditions have been met:
•
a. The municipality has elected to participate in the program; and
b. The Metropolitan Council and the municipality have negotiated and agreed on affordable
and life-cycle housing goals for the municipality.
If the municipality and the Metropolitan Council do not successfully negotiate housing goals, your
municipality may not participate in the Local Housing Incentives Account Program.
9. Must my municipality participate in the Local Housing Incentives Account Program?
No. Participation in the program is voluntary, but a municipality that does not participate may at some
later time elect to participate in the program. However, a municipality which later elects to participate
must establish that it has spent or agrees to spend on affordable and life-cycle housing an amount
equivalent to what it would have spent on affordable and life-cycle housing had goals been established
for the period in which the municipality was not participating.
10. If my municipality has met its housing goals in the previous calendar year, may my munici-
pality participate in the Local Housing Incentives Account Program?
Yes. However, your municipality will not be eligible to receive grants from the Local Housing Incentives
Account Program if it met its aff`ordable and life-cycle housing goals. Your municipality still will be
eligible for grants and loans under the Livable Communities Demonstration Account and Tax Base
Revitalization Account programs.
11. What if my municipality chooses not to participate in the Local Housing incentives Ac-
count Program?
Municipalities that elect not to participate in the Local Housing Incentives Account Program are not
eligible to participate in the Tax Base Revitalization Account and Livable Communities Demonstration
Account programs under the Act. The Metropolitan Council is required by the Act to take into account
your municipality's participation in the Local Housing Incentives Account Program when making
• discretionaryfunding decisions. In addition, your municipality will not be eligible to apply for funds
under the Department of Trade and Economic Development's polluted sites clean-up program if your
municipality is not participating in the Local Housing Incentives Account Program.
12. If my municipality elects to participate in the Local Housing Incentives Account Program, •
but does not have the capacity to create additional affordable and life-
cycle housing opportunities, can my municipality give its ALHOA amounts to other municipalities
to meet negotiated housing goals?
Yes. A municipality that has negotiated housing goals,but might not have adequate resources to create
or maintain affordable and life-cycle housing opportunities still could be considered,a participating mu-
nicipality. However,the municipality would be required to distribute its ALHOA amount to the Metro-
politan Council for distribution to other participating municipalities or distribute its ALHOA amount to a
local housing and redevelopment authority for creating affordable and life-cycle housing opportunities
within the municipality.The Act permits municipalities to enter into agreements with adjacent municipali-
ties to cooperatively provide affordable and life-cycle housing. The Metropolitan Council will work with
municipalities to help municipalities create affordable and life-cycle housing opportunities and avail
themselves of the incentives and funding available under the Act and from other sources.
13. ' If my municipality is using local resources to make payments on a mortgage for an afford-
able or life-cycle housing opportunity created prior to the Act,can these resources count toward •
expenditures of the municipality's ALHOA amount?
Yes. As long as the use of the funds is directly related to your municipality's efforts to meet its afford-
able and life-cycle housing goals, these local resources can be considered an expenditure of ALHOA
amounts.
14. Are the goals for affordable and life-cycle housing,as proposed by the Metropolitan Coun-
cil,achievable?
The goals proposed by the Metropolitan Council are intended to be "long-term" goals. Your munici-
pality will establish an action plan that identifies the steps your municipality intends to take to move
toward its long-range goals. Beginning in 1998, your municipality's annual progress in meeting its
negotiated affordable and life-cyclehousing goals will be measured against the annual goals your
municipality sets forth its action plan. Progress toward the goals will depend on private marketplace
efforts, the availability of affordable and life-cycle housing resources and the use of local controls to
create an environment to meet goals. •
15. Do the Metropolitan Council and a municipality negotiate and set housing goals annually?
• No. The Act envisions negotiated housing goals as a one-time process. That is why the goals are long
term in nature. The Metropolitan Council will propose affordable and life-cycle housing goals that
encourage your municipality to address key housing benchmarks.
16. After the Metropolitan Council and a municipality negotiate and set affordable and life-
cycle housing goals for the municipality,what happens next?
The municipality must prepare an action plan that describes how it intends to meet its negotiated goals.
The municipality has until June 30, 1996, to submit the action plan to the Metropolitan Council.
17. Does the Metropolitan Council have to approve the action plan?
The Act does not require the Metropolitan Council to approve a municipality's action plan. However,
the Metropolitan Council will comment on the plan's content in relation to the negotiated goals that
have been established, and it will attempt to identify potential resources available to the municipality to
help the municipality meet its negotiated affordable and life-cycle housing goals.
•
18. What should the action plan look like?
The suggested format will be modeled after the one used for the housing element of your comprehensive
plan.
DRAFT
HOUSING GOALS AGREEMENT
METROPOLITAN LIVABLE COMMUNITIES ACT
PMCIPLES
The city of St. Anthony supports:
1. A balanced housing supply, with housing available for people at all income levels.
2. The accommodation of all racial and ethnic groups in the purchase, sale, rental and
location of housing within the community.
3. A variety of housing types for people in all stages of the life-cycle.
4. A community of well-maintained housing and neighborhoods, including ownership
and rental housing.
5. Housing development that respects the natural environment of the community while
striving to accommodate the need for a variety of housing types and costs.
6. The availability of a full range of services and facilities for its residents, and the
improvement of access to and linkage between housing and employment.
GOALS
To carry out the above housing principles, the City of St. Anthony agrees to use
benchmark indicators for communities of similar location and stage of development as
affordable and life-cycle housing goals for the period 1996 to 2010, and to make its best
efforts, given market conditions and resource availability, to maintain an index within the
benchmark ranges for affordability, life-cycle and density.
IF—cr—rYINDEX BENCHMARK I I GOAL
-Affordability
Ownership 77% 77-87%
Rental 44% 45-50%
Life-Cycle . .
Type(Yon-single family 49% 3341%
detached)
Owner/renter Mix 61/39% (64-75) /
(25-36)%
Density
Single-Family Detached 3.2/acre 2.3-2.9/acre
Multifamily 32/acre 13-15/acre
To achieve the above goals, the City of St. Anthony elects to participate in the Metropolitan
Livable Communities Act Local Housing Incentives Program, and will prepare and submit
a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to
• carry out the above goals.
CERTIFICATION
Mayor Date
Affordable and Life-Cycle Housing Opportunities Amount
For St. Anthony
Your ALHOA Amount for: St. Anthony
1996 so Not required
1997 (Estimate) 51,866
i
CITY OF ST. ANTHONY
• RESOLUTION 95-051
A RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL
HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE
METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 1996
WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255)
establishes a Metropolitan Livable Communities fund which is intended to
address housing and other development issues facing the metropolitan area _
defined by Minnesota Statutes section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account and
the Local Housing Incentives Account, is intended to provide certain funding
and other assistance to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under
the Metropolitan Livable Communities Fund or eligible to receive certain
polluted sites cleanup funding from the Minnesota Department of Trade and
Economic Development unless the municipality is participating in the Local
Housing Incentives'Account Program under Minnesota Statutes section 473.254;
and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to
negotiate with each municipality to establish affordable and life-cycle housing
goals for that municipality that are consistent with the promote the policies of
the Metropolitan Council as provided in the adopted Metropolitan Development
Guide; and
WHEREAS, by June 30, 1996, each municipality must identify to the Metropolitan Council
the actions the municipality plans to take to meet the established housing goals;
and
WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the
negotiated affordable and life-cycle housing goals for each municipality by
January 15, 1996; and
WHEREAS, a metropolitan area municipality which elects to participate in the Local
Housing Incentives Account Program must do so by November 15 of each year;
and
Resolution 95-051
Page 2
WHEREAS, for calendar year 1996, a metropolitan area municipality can participate under
Minnesota Statutes section 473.254 only if: (a) the municipality elects to
participate in the Local Housing Incentives Account Program by November 15,
1995; (b) the Metropolitan Council and the municipality successfully negotiate
affordable and life-cycle housing goals for the municipality; and, (c) by January
15, 1996 the Metropolitan Council adopts by resolution the negotiated
affordable and life-cycle housing goals for each municipality.
NOW, THEREFORE, BE IT RESOLVED, that the City of St. Anthony hereby elects to
participate in the Local Housing Incentives Program under the Metropolitan Livable
Communities Act during calendar year 1996.
Adopted this day of , 1995.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
October 10, 1995
I. CALL TO ORDER.
II. ROLL CALL.
Ill. SET OCTOBER 10, 1995 H.R.A. AGENDA.
IV. APPROVAL OF SEPTEMBER 12, 1995 H.R.A. MINUTES.
V.- CLAIMS.
A. Arnie Gregory - $2,000.00.
B. Dorsey & Whitney:
1 . $1 ,713.05.
2. $275.00.
3. $740.00
C. Williams/O'Brien Associates, Inc. - $64,000.00.
VI. MISCELLANEOUS.
VII. ADJOURNMENT.
1 CITY OF ST. ANTHONY
2 HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES
3 SEPTEMBER 12, 1995
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 7:26 P.M.
6 II. ROLL CALL.
7 Commissioners Present: Chair Ranallo, Vice Chair Enrooth, Secretary/Treasurer Marks,
8 Commissioners Wagner and Fleming.
9 Commissioners Absent: None.
10 Also Present: Executive Director Michael Morrison.
11 III. APPROVAL OF SEPTEMBER 12, 1995 HRA AGENDA.
12 Motion by Wagner, second by Marks to approve the September 12, 1995 HRA Agenda as
13 presented.
14 Motion carried unanimously.
15 IV. APPROVAL OF AUGUST 8, 1995 HRA MINUTES.
16 Motion by Marks, second by Enrooth to approve the August 8, 1995 HRA minutes as presented.
Motion carried unanimously.
V. PRESENTATION OF CLAIMS.
19 Motion by Marks, second by Fleming to approve the following claims:
20 A. Williams O'Brien Associates. Inc. in the amount of$22,000.00 for architectural services
21 regarding Community Service Center June 28, 1995 through July 27, 1995.
22 B. American Bank in the amount of$200.55 for GO Tax Increment Ref. Bonds dated
23 January 1, 1994 and in the amount of$206.40 for GO Refunding Bonds dated January 1,
24 1991.
25 C. Raymond A. Hellickson in the amount of$6,160.61 for the Hellickson Addition/TIF
26 project.
27 '
28 Motion carried unanimously.
29 VI. MISCELLANEOUS -None.
30
31 VII. ADJOURNMENT.
32 Motion by Marks, second by Enrooth to adjourn the meeting at 7:28 P.M.
33 Motion carried unanimously.
Respectfully submitted,
Lorri Kopischke
:. TimeSaver Off Site Secretarial
37
38 Mayor
39 ATTEST:
40 City Clerk
i
MEMORANUTINI
DATE: September 15, 1995
TO: Roger Larson, Finance Director
FR0:1T: Michael Morrison, City Manager
• ITEM: THE ARBORS DEVELOPMENT PROJECT
As part of the Redevelopment Agreement with Arnie Gregory, the HRA agreed
to pay to Mr. Gregory at the time of closing, which will occur either September
15 or 18, $2,000.00 for alley improvements and $70,000 for a portion of the
land cost. The $70,000 should come out of the TIF fund balance as we
discussed earlier, and the $2,000 should come out of the HRA project fund.
DORSEY & NNTHITNEY
Paorss93cau Lzxlrzr l -%zz.zrr PAzTxmissir
• P.O.BOX 1880
MWNEAPOLiS,MINNESOTA 55480-1880
(812)940.2800
Claw Idessltfostlm Net 414n3337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
City of St. Anthony September 22, 1995
Attention: Mr. Michael Morrison Invoice No. 453636
.1301 Silver Lake Road
St. Anthony,Minnesota 55418
Re: Tax Increment Financing Projects
For legal services rendered from July 18, 1995 through
August 30,1995 in connection with various tax increment
financing matters, including attendance at meetings with
City officials related to the various development
agreements;review of assignment of Nedegaard
Development Agreement;research questions regarding
creation of new TIF district for mobile home park and
telephone conferences related to above matters.
• Master Modification of TIF Plans . . . . . ...... .. . . . . .. . .. .. . . . . . .. ..... ... . . .. . . $ 306.25
Evergreen Townhomes 367.50
Arnold Development . . . . . . . . ... . . . . . ...... .. .. . .. . . . .. .. . .. .. ... ... .. . . ... .. 367.50
Village Properties (American Monarch) .... . .. . . .. . .. .. .. . . . .. .... . .. .. .. . .. .. 612.50
Total Fees. . .. . . . . . . . . . .. . . . ...... . .. . . . . . . . . . .. .. . . . . ... ... . . . . ... .. $1,653.75
Plus disbursements as follows:
Photocopy Charges . ... . .. .. . . ..... .. ... $ 29.30
Facsimile Charges .. .. . . . . .. ..... .. .. ... 2.00
Postage Charges . . . .. ... . .. . . ...... .. . .. 3.00
Messenger Services .. .... . . .. ..... .. . . .. . 25.00
Total Disbursements .. . . . . . . . . . . . . . .. . ... . . .. .. . .... . .. .. . .. . . .. . .... . .. .. . . 59.30
TOTAL DUE ..................................... .... $1,713.05
JPGxmn
1812 178820-120
Service chargee are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and Is aysilsble
upon request Disbursements and service charges,which either have not been received or processed,will appear on s later statement.
PAYMENT DUE UPON RECEIPT
DORSEY & WHITNEY
Psomssrox"Lrxnrza Lr&sIuTT Narxieesir
• P.O.BOX 1680
MINNEAPOLIS,MINNESOTA 55480.1680
(612)340-2600
(ihx IdemtlHo.tl®No.41-0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
City of St . Anthony, Minnesota September 22 , 1995
Attn: Mr. Michael J. Mornson Invoice No. 454808
3301 Silver Lake Road
St . Anthony MN 55418
For Legal Services Rendered Through 08/31/95
Client-Matter No: 178820-00098
Apache Plaza TIF Project
Telephone conference with P. Dunn regarding
status of alternatives presented to First Bank;
telephone conference with attorney for owner
regarding taking of leasehold estates;
telephone conference with M. Mornson regarding
proposed-redevelopment, of entire center,
condemnation of leasehold interests, etc.
Total for Legal Fees $275 . 00
Total This Invoice $275 . 00
Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available
upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
PAYMENT DUE UPON RECEIPT
DORSEY & WHITNTEY
PeorassloxLL L mirED I LS1L77T PAwmrstseir
P.O.SOX 1660
MINNEAPOLIS,MINNESOTA 55460-1680
(612)340.2600
(hs ldsariffostl®No.414 M3337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
City of St . Anthony, Minnesota September 22, 1995
Attn: Mr. Michael J. Mornson Invoice No. 454891
3301 Silver Lake Road
St. Anthony MN 55418
For Legal Services Rendered Through 08/31/95
Client-Matter No: 178820-00047
General
Schnitzer Environmental Case $ 475.00
Village Commons $ 375.00 M%N
The Arbors $ 170. 00 HRA
City Hall/Community Center $ 195.00 HRA
J.E. Robert Company Claim $ 145.00
Review agenda materials and minutes; discussions
with City Manager $ 140.00
Total For Legal Fees $1, 500.00
Plus Dusbursements Per Attached $ 173 .57
Total This Statement $1, 673 .57
Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and to available
upon request Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
PAYMENT DUE UPON RECEIPT
1 WILLIAMS/ O'BRIEN ASSOCIATES, INC
ARCHITECTS/PLANNERS
1111 3RD AVENUE SOUTH, SUITE 156
MINNEAPOLIS, MN 55404
INVOICE FOR PROFESSIONAL SERVICES
10 Aug, 1995
Mr. Michael J. Mornson
City Manager
Saint Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418-1699
RE: Community Service Cente Comm No 9414
STATEMENT:ARCHITECTURAL SERVICES
JULY 27 TO AUG 27
CURRENT BILLING: DESIGN/CD PHASE
TOTAL
PARTIAL DESIGN/CONST.DOC 22000.00
0.00
0.00
DIRECT COSTS
ENGINEERING 20000.00
TOTAL CURRENT AMOUNT 42000.00
Previous total billed 58561.41
Total amount to end of current period 100561.41
Total received to end of current period 36561.41
TOTAL DUE 64000.00